Bloomberg News

Apple-Samsung, Mattel, Purple Heart: Intellectual Property (1)

April 29, 2014

Apple Inc. and Samsung Electronics Co. (005930) head toward the conclusion of their second U.S. patent trial with one last chance to make a case to jurors on whether the $2 billion case is actually a proxy war over Google Inc. (GOOG:US)’s Android operating system.

Each side will get two hours today to sum up its case in the same San Jose, California, courtroom where Apple was awarded $930 million in the first trial two years ago.

This time, with most of Apple’s patent-infringement claims relating to Android functions, Samsung has cast the iPhone maker’s case as a bid to displace Google as the leading supplier (GOOG:US) of smartphone systems and limit consumer choice.

The case is Apple Inc. (AAPL:US) v. Samsung Electronics Co., 12-cv-00630, U.S. District Court, Northern District of California (San Jose).

For more patent news, click here.

Trademark

Mattel’s Canadian ‘Caroline’ Application Is Opposed by Artist

Mattel Inc. (MAT:US)’s efforts to register the name “Caroline” in Canada for one of its American Girl historic dolls is being blocked by a British Columbia artist, the Canadian Broadcast Corp. reported.

Carollyne Yardley of Victoria, British Columbia, is the holder of the Canadian trademark “Carollyne,” which she uses for her squirrel-themed paintings, books, toys and dolls, according to the CBC.

She told the CBC that she has spent thousands of dollars to oppose the application filed by Segundo, California-based Mattel, and if the toy company appeals the Canadian Intellectual Property Office’s rejection, she potentially faces more legal expenses.

Purple Heart Homes Sued by Military Order of the Purple Heart

A North Carolina organization aimed at helping veterans acquire and keep their homes has been sued for trademark infringement by the Military Order of the Purple Heart.

The foundation, which holds numerous Purple Heart-related trademarks, objects to the use of “Purple Heart Homes” by the North Carolina group, which used that phrase as the company name. The Purple Heart is a medal awarded to wounded U.S. service members.

Purple Heart Homes Inc. did not respond immediately to an e-mailed request for comment.

The case is Military Order of the Purple Heart v. Purple Heart Homes Inc., 5:14-cv-00053, U.S. District Court, Western District of North Carolina (Statesville).

For more trademark news, click here.

Copyright

Lawrence & Wishart Seeks Takedown of Some Marx & Engels Content

Lawrence & Wishart, a U.K.-based publisher, said in a statement that it’s facing a “campaign of online abuse” for attempting to assert the copyrights on its scholarly edition of the “Collected Works of Marks & Engels.”

Formerly associated with the Communist Party of Great Britain, Lawrence & Wishart said claims that it is asserting copyright for the entire body of the works of Karl Marx and Friedrich Engels are “baseless, slanderous and largely motivated by political sectarianism from groups and individuals who have never been friendly” to the publisher.

The Marxist Internet Archive posted a statement on its website saying it had received a cease-and-desist notice from Lawrence & Wishhart, and had, in response, removed all content taken from “Collected Works of Marx & Engels.”

‘Dallas Buyers Club’ Producers Sue Multiple ‘Doe’ Defendants

The producers of the film “Dallas Buyers Club” have filed more than 30 copyright infringement suits against unnamed defendants, according to court files.

The suits all accuse defendants of using the BitTorrent file-sharing protocol to download and share copies of the film, which won Academy Awards this year for actors Michael McConaughey and Jared Leto.

The producer seeks impoundment of all infringing copies of the film and money damages. Cases have been filed in Illinois, Ohio, Michigan, Wisconsin and Texas, according to Bloomberg data.

For more copyright news, click here.

Trade Secrets/Industrial Espionage

Patented Formula Can’t Be Trade Secret, Town Official Claims

Ivey International Inc.’s claims that the formula for a product used to soak up spilled oil is a trade secret was challenged by the head of utilities for the town of Chestertown, Maryland, the Cecil Whig newspaper reported.

Bob Sipes, who heads Chestertown town utilities, said the formula is disclosed in Ivey’s U.S. patent 6,477,207, according to the newspaper.

The formula is at issue in discussions over the safety of methods to be used to clean up a 1986 100,000-gallon spill of fuel oil that threatens the safety of the Chestertown water supply, the Cecil Whig reported.

Sipes said Surrey, British Columbia-based Ivey’s Ivey-Sol had not been tested in proximity to drinking water supplies, and if the compound proves to be safe, “I’m on board” about its use, according to the newspaper.

To contact the reporter on this story: Victoria Slind-Flor in San Francisco at vslindflor@bloomberg.net

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Charles Carter, Joe Schneider


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